BARRIERS TO EMPLOYMENT: CRIMINAL RECORDS

DISCLAIMER

• Please note that the information contained within this presentation should not be considered legal advice.

• Furthermore, this presentation is specific to the laws of Washington, D.C. and the contained information may not apply elsewhere.

WHAT IS A CRIMINAL RECORD?

• “Criminal record” refers to any record that contains a person’s criminal history, including arrests, charges, and convictions.

• FBI, police, courts, and other government and private organizations can and do keep their own records of people’s criminal histories.

WHY DO CRIMINAL RECORDS MATTER?

• Many government agencies, schools, landlords, and employers consider criminal records to make important determinations. It can affect a person’s ability to obtain: – Housing – Professional licenses – Employment

• In 2012, 87% of employers were using background checks on some or all job applicants.

HOW MANY AMERICANS HAVE CRIMINAL RECORDS?

• Due to decades of tough law enforcement, many Americans have criminal records today. – According to the Wall Street Journal, “Nearly 80 million

Americans have entries in a criminal-records file maintained by the Federal Bureau of Investigation”

– According to a New York Times article, a poll found 34% of prime-age unemployed men have criminal records

FOR THOSE WITHOUT CRIMINAL RECORDS

• Are you sure? – First, you don’t have to be convicted of a crime to have a

criminal record. Even if you were just arrested, only charged, or even found not guilty (“innocent”), you may still have a criminal record

– Second, in some instances, records contain mistakes. • If you are not certain, you may want to check your

own criminal records

FOR THOSE WITH CRIMINAL RECORDS • Unfortunately, you will have to

deal with it – Check your own criminal records:

make sure your records are correct

– Consider sealing (expunging) your records

– Know Your Rights – Learn to deal with your

background

BEFORE WE START (2nd Disclaimer)

• THIS INFORMATION FOCUSES ON CRIMINAL RECORDS AS IT RELATES TO EMPLOYMENT IN WASHINGTON, D.C. – If your criminal records are preventing you from obtaining

housing, this presentation may not apply to you – If you have criminal records outside Washington D.C., this

presentation may not apply to you – If you are applying for a job, with a company outside

Washington D.C., this presentation may not apply to you IF YOU ARE NOT SURE, PLEASE CONTACT US FOR MORE

INFORMATION OR REFERRALS

CHECK YOUR OWN CRIMINAL RECORDS

• You can check your own records and make sure there are no errors – RECOMMENDED: You can get a police clearance from

the Metropolitan Police Department (MPD). If your employer requests the clearance, they will usually only have access to the past 10 years. You have the option of requesting your full criminal history. (website: http://mpdc.dc.gov/service/police-clearances-arrest-and-criminal-history-section)

– RECOMMENDED: You can get a court disposition from the DC Superior Court – Criminal Division (website: http://www.dccourts.gov/internet/superior/org_criminal/main.jsf)

– OPTIONAL: You can get your record from the FBI (website: http://www.fbi.gov/foia/requesting-fbi-records)

SEALING & EXPUNGEMENT

• Sealing and expungement are terms that are often used interchangeably.

• In DC, people can “seal” their records so that some or all of their criminal records are hidden to the general public (e.g., employers). If a record gets sealed in DC, only the courts, law enforcement, schools, and day care centers will have access to your sealed records.

• If a record gets sealed, you can truthfully state that you do not have a criminal record (in most circumstances)

SEALING & EXPUNGEMENT

• Unfortunately, there are limitations – Generally, felony convictions CANNOT be sealed – There is also a long list of misdemeanor

convictions that CANNOT be sealed – Though criminal records from other jurisdictions

(e.g., Maryland, Virginia) CANNOT be sealed in D.C., they can affect sealing of your D.C. criminal records.

– There is often a long waiting period before criminal records can be sealed

SEALING & EXPUNGEMENT

• To find out whether or not you are eligible to seal your D.C. criminal records, you can: – Stop by a Jobseeker Legal Clinic at the DC Public

Library – You can find a full list of jobseeker legal clinics and other Neighborhood Legal Services Program events at http://www.nlsp.org/about/events

– Contact the D.C. Public Defender Service – An assigned attorney is available via phone (202-628-1200) or walk-in (633 Indiana Ave, NW)

SEALING & EXPUNGEMENT

• If you are eligible to seal your D.C. criminal records, both the Neighborhood Legal Services Program and the D.C. Public Defender Services can provide additional information or services to seal your records.

• If you have criminal records elsewhere, they may also be able to provide you a referral in certain circumstances.

KNOW YOUR RIGHTS: DISCRIMINATION

• Employers cannot discriminate against you, despite your criminal record. – If you notice that two people with criminal records are being treated

differently, then there may be discrimination. For example, did the employer hire a man with an old robbery conviction, then refuse to hire a woman with a similar old conviction? Criminal records cannot be used to discriminate unfairly on the basis of race, sex, religion, age, and other protected classes.

– Are your employer’s criminal record policies unfairly affecting one class of people? Even if it’s not intentional, there may be systematic discrimination. For example, if you feel criminal records policy has very little to do with business or job performance, but led to mostly African American workers being fired, there may discrimination.

NOTE: ARREST RECORDS ALONE SHOULD NEVER BE CONSIDERED IN HIRING IN FIRING

KNOW YOUR RIGHTS: BAN THE BOX • In order to improve employment

prospects for people with criminal records, DC recently passed the “Fair Criminal Record Screening Amendment Act of 2014” (aka “Ban the Box”)

• Ban the box became effective on December 17, 2014.

• It only applies to: DC employers with 11 or more employees who are hiring for job positions that are located in DC, including DC government, corporations, universities, small businesses, nonprofit organizations, and others. There are some exceptions, including the federal government.

KNOW YOUR RIGHTS: BAN THE BOX

• Employers can now only ask you about and look into criminal convictions only after extending a conditional offer of employment – They can never ask about arrests or criminal accusations – They cannot ask about convictions before the conditional offer,

including on the job application and during the interview • An employer who properly asks you about a criminal

conviction can only withdraw the offer or take negative action against you for a legitimate business reason.

KNOW YOUR RIGHTS: BAN THE BOX

• If an employer withdraws job offer or takes negative action for a legitimate business reason: – A person has 30 days to

submit a request to the employer for a copy of all interview and hiring-related records; and

– After receiving your request, the employer has 30 days to provide you the information

KNOW YOUR RIGHTS

• If you feel that an employer has engaged in discrimination and/or violated Ban the Box law, you should contact: – For discrimination and/or ban the box:

• DC Office of Human Right – (202)727-4559 (website: http://ohr.dc.gov/page/about-ohr)

– For discrimination • U.S. Equal Employment Opportunity Commission

(website: http://www.eeoc.gov/)

LEARN TO DEAL WITH YOUR BACKGROUND

• Unfortunately, Ban the Box only applies to large employers in DC. – It will not be helpful for finding housing – It will not be helpful for employers with less than

11 workers – It will not be helpful for employers outside DC

LEARN TO DEAL WITH YOUR BACKGROUND

• You are more than your old criminal history

• Accept that these records can be a challenge

• Turn negative into positives • Put your best foot forward • Obtain skills and find other ways to

become a great potential employee

• More and more people are learning to find jobs despite their criminal records. And more and more employers are learning that many people with criminal records are great employees.

DANIEL CHOI Attorney* Phone: 202-269-5102 Email: dchoi@nlsp.org * Admitted to practice law in Virginia and Pennsylvania, currently pending admission in Washington D.C.

Neighborhood Legal Services Program is a nonprofit organization that provides free legal services to low income residents in the District of Columbia

NLSP INTAKES MONDAYS * WEDNESDAYS* FRIDAYS

10 AM to 3 PM

Call or Walk-In Phone: 202-832-NLSP (6577) / Website: www.NLSP.org

Main Office: 680 Rhode Island Avenue NE Ward 7 Office: 4609 Polk St NE

Ward 8 Office: 2811 Pennsylvania Ave SE

Jobseeker Legal Clinics (Varying dates & times at different DC Public Library Branches)

NLSP Website: http://www.nlsp.org/about/events DCPL Website: http://dclibrary.org/calendar?keys=legal&=Apply